Guardianship of the Constitution in Iran From Carl Schmitt’s Point of View
Subject Areas : History of Political Thought in Iran
SeyedMostafa Seyedzade Kolachahi
1
,
Reza Parastesh
2
1 - Researcher of the PhD course of public law, Faculty of Law, Mazandaran University
2 - Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran
Keywords: Guardian of the Constitution, Constitution, president, Carl Schmitt,
Abstract :
Guardianship of the Constitution is one of the most eminent subjects of public law which brings controversies among public lawyers. For instance, one of the most influential lawyers, a German jurisprudent named Carl Schmitt believed that it is the president who should be in charge of the guardianship and protect the constitution in the state of exception. In the constitution of the Islamic Republic of Iran, according to article 113, it is the duty of the president to guard the constitution and on few instances Presidents struggled to take the position but they were not successful. Authors of this article believe that there is no resemblance between Carl Schmitt’s point of view and the constitution of the Islamic Republic, since president has minimal prerogatives which are not sufficient for the guardianship. Moreover, the president in the constitution of the Islamic Republic of Iran is in fact a prime minister who has a few prerogatives of a president.
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